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A07519 Summary:

BILL NOA07519
 
SAME ASSAME AS S05921
 
SPONSORWalker
 
COSPNSRJean-Pierre, Mosley, Barron, Hooper, Hyndman, Rivera, Dickens, Blake, Richardson, Perry, Sepulveda
 
MLTSPNSR
 
Add 52-a, 52-b & 52-c, Leg L
 
Relates to racial and ethnic impact statements on bills.
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A07519 Actions:

BILL NOA07519
 
04/28/2017referred to governmental operations
01/03/2018referred to governmental operations
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A07519 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7519
 
SPONSOR: Walker
  TITLE OF BILL: An act to amend the legislative law, in relation to racial and ethnic impact statements on bills   PURPOSE OR GENERAL IDEA OF BILL: This bill would require an impact statement attached to qualifying bills. Qualifying bills are legislation that can have adverse disparate effects on minority groups.   SUMMARY OF PROVISIONS: Racial and ethnic impact statements will be used on qualifying bills that display racial disparities. These bills include legislation that will change the correction/penal laws, child welfare laws, and/or social service laws. If impact statements indicate any racial or ethnic disparity, the spon- sor of the bill shall consider the bill for amendment in order to lessen effects on minorities. If a bill is amended, the sponsor must indicate how minorities are less affected in the new proposal. A sponsor that decides to not amend a bill, he or she must withdraw the bill or reaf- firm their stance as to why the bill should proceed. Impact statements will be available to the public. The availability of the impact statements help the bills seems more transparent for the public. The public will have the opportunity to provide feedback on impact statements before it is rooted onto a bill. A proposed impact statement must be available thirty days prior to the first committee vote. If an impact statement is not available for final passage in committee vote, then it must be published at least five days prior in the final passage of the senate or assembly.   JUSTIFICATION: Minorities are historically overrepresented in correctional population. While the State of New York has reduced the prison population, minori- ties such as blacks and Latinos still make up the largest population in correctional facilities. This bill would help identify the racial disparities in certain legislation and gives the sponsor the option to edit the bills.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately
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A07519 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7519
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 28, 2017
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend the legislative law, in relation to racial and ethnic
          impact statements on bills
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "racial and
     2  ethnic equity act of 2017".
     3    §  2.  Legislative  findings  and  intent.  The legislature finds that
     4  minorities are historically overrepresented in the New York correctional
     5  population and that adverse racial disparities occur at every  stage  of
     6  the  criminal  justice  system. Black people are dramatically overrepre-
     7  sented in New York's correctional population. In  2015,  they  accounted
     8  for  only 17.6 percent of the state's total population. Yet, as of Janu-
     9  ary 2016, black people made up 49 percent of the  total  offender  popu-
    10  lation  under  custody.  Latinos are also overrepresented in the correc-
    11  tional population. In 2015, they accounted for 18.8 percent of the state
    12  population and, in 2016, just under a quarter of the offender population
    13  under custody. While the state of New York has effectively  reduced  the
    14  total prison population through the adoption of alternative to incarcer-
    15  ation  programs  and  other  forms  of diversion, the racially disparate
    16  correctional population remains an indefatigable aspect of  the  justice
    17  system. The role of New York State Permanent Commission on Sentencing is
    18  to  evaluate  sentencing  laws  and practices and recommend reforms that
    19  will improve the quality and effectiveness of statewide sentencing poli-
    20  cy; however, this entity does not evaluate the role of sentencing  stat-
    21  utes on racial and ethnic minorities.
    22    In New York State, black children are overrepresented at each stage of
    23  the  child  welfare  process.  Additionally,  Black, Hispanic and Native
    24  American children have higher rates of involvement in each stage of  the
    25  child welfare system than white children.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11159-01-7

        A. 7519                             2
 
     1    A plausible cause of the continued racial disparities is the enactment
     2  of  criminal  justice,  public  benefits, and social welfare legislation
     3  without review of the potential impacts on minority populations.   Race-
     4  neutral  legislation  can  have  adverse  disparate  effects on minority
     5  groups  in  practice.  New  York State can remedy this through requiring
     6  racial ethnic impact statements for all legislation that will potential-
     7  ly increase the correctional population, create a  new  offense,  change
     8  the  penalty  for  an  existing offense, change the existing sentencing,
     9  parole or probation procedures, increase the child  welfare  population,
    10  and  change  social  service  laws  as  they  relate to access to public
    11  assistance.
    12    § 3. The legislative law is amended by adding three new sections 52-a,
    13  52-b and 52-c to read as follows:
    14    § 52-a. Racial and ethnic impact statements on qualifying bills.    1.
    15  As used in this section:
    16    (a)  The  term "affected population" shall mean the correctional popu-
    17  lation, the public assistance population, or  the  child  welfare  popu-
    18  lation.
    19    (b)  The  term  "correctional population" shall mean the population of
    20  persons incarcerated in, but not limited to, prison, jail, or facilities
    21  operated by the office of children  and  family  services,  and  persons
    22  supervised  in  the  community including, but not limited to, persons on
    23  probation, parole, post-release supervision, or  persons  supervised  by
    24  the office of children and family services.
    25    (c) The term "public assistance population" shall mean all persons who
    26  receive  public  assistance  or  welfare  including, but not limited to,
    27  family assistance, safety net assistance,  veteran  assistance,  medical
    28  assistance  for  needy persons, institutional care for adults and child-
    29  care.
    30    (d) The term "child" shall mean a person actually or apparently  under
    31  the age of eighteen years old.
    32    (e)  The term "child welfare population" shall mean children placed in
    33  out-of-home care, foster care, or kinship care.
    34    (f) The term "impact statement" shall mean a racial and ethnic  impact
    35  statement.
    36    (g) The term "minorities" shall mean persons who are members of one of
    37  the following groups:
    38    (i)  Black  persons  having origins in any of the black African racial
    39  groups:
    40    (ii) Hispanic persons of  Mexican,  Puerto  Rican,  Dominican,  Cuban,
    41  Central  or  South American of either Indian or Hispanic origin, regard-
    42  less of race;
    43    (iii) Native American or Alaskan native persons having origins in  any
    44  of the original peoples of North America; and
    45    (iv)  Asian  and Pacific Islander persons having origins in any of the
    46  far east countries, South East Asia,  the  Indian  subcontinent  or  the
    47  Pacific Islands.
    48    (h)  The  term "qualifying bill" shall mean any bill or amendment to a
    49  bill filed in or after the effective date  of  this  section  which  may
    50  affect the racial and ethnic composition of an affected population.
    51    2.  Before  qualifying bills may be considered by a senate or assembly
    52  committee, the chair of the senate or assembly committee shall cause the
    53  bill to be referred to the division of  criminal  justice  services  for
    54  preparation of an impact statement:
    55    (a)  The  division  of criminal justice services, in consultation with
    56  the division of juvenile justice  and  opportunities  for  youth,  shall

        A. 7519                             3

     1  prepare,  for each qualifying bill relating to criminal or juvenile law,
     2  an impact statement clearly detailing the  estimated  effect  such  bill
     3  will have on the racial and ethnic composition of the correctional popu-
     4  lation;
     5    (b)  The  budget,  finance  and data management and analysis division,
     6  within the office of temporary and disability insurance, shall  prepare,
     7  for  each  qualifying  bill relating to public assistance or welfare, an
     8  impact statement clearly detailing the estimated effect such  bill  will
     9  have on the racial and ethnic composition of the public assistance popu-
    10  lation; and/or
    11    (c)  The  office of children and family services, in consultation with
    12  the bureau of strategic partnerships and collaboration,  shall  prepare,
    13  for  each  qualifying  bill relating to child welfare, out-of-home care,
    14  foster care, or kinship care, an impact statement clearly detailing  the
    15  estimated  effect  such bill will have on the racial and ethnic composi-
    16  tion of the child welfare population.
    17    3. In determining the racial and ethnic impacts of a bill,  the  divi-
    18  sion  of  criminal  justice  services  and bureau of data management and
    19  analysis shall, at a minimum, estimate such impacts on the basis of:
    20    (a) Whether and the extent to which the bill would  have  a  disparate
    21  impact on minorities within an affected population and an explanation of
    22  that impact;
    23    (b) The expected impact on each minority;
    24    (c) The impact of the qualifying bill upon:
    25    (i) Correctional facilities;
    26    (ii) Public assistance recipients; or
    27    (iii) Children in out-of-home care, foster care, or kinship care; and
    28    (d) Other matters deemed relevant to the qualifying bill.
    29    4.  The  impact  statement  must include the source or sources of data
    30  relied upon to determine the estimated impacts. Such data  sources  must
    31  include, but are not limited to:
    32    (a)  Criminal justice statistics from the division of criminal justice
    33  services for qualifying bills relating to criminal or juvenile law;
    34    (b) Resources and data from the office  of  temporary  and  disability
    35  assistance  for  qualifying  bills  relating  to  public  assistance  or
    36  welfare; and/or
    37    (c) Data and information from the following groups:  state  and  local
    38  agencies,  including  the  office  of  children and family services, the
    39  office of court administration, the office of the New York city criminal
    40  justice coordinator, the New York  city  administration  for  children's
    41  services and the New York city police department.
    42    5.  Estimated or actual racial and ethnic impacts disclosed under this
    43  section shall be reported at statistical comparisons in the form of rate
    44  per ten thousand or one hundred thousand people, number of people, share
    45  of population, or any other appropriate, convenient or  accessible  unit
    46  or units of measurement.
    47    6.  The  impact  statement shall, at a minimum, reflect the racial and
    48  ethnic impact on an affected population for no less  than  three  fiscal
    49  years following adoption of such bill.
    50    7.  If  the estimates contained in an impact statement are inaccurate,
    51  such inaccuracies shall not affect, impair, or invalidate such bill.
    52    8. An impact statement required to  be  prepared  under  this  section
    53  shall  be  made  and  shall  remain a part of the bill it describes, and
    54  shall be affixed to the bill before it is laid upon the  members'  desks
    55  for  consideration, in committee or on the senate or assembly floor, and
    56  the governor's desk for approval.

        A. 7519                             4
 
     1    9. (a) If a senate or assembly bill is called up for final passage  in
     2  the  senate  or assembly and an impact statement is required by subdivi-
     3  sion two of this section and has not been provided by  the  division  of
     4  criminal justice services or the bureau of data management and analysis,
     5  the  presiding  officer  of the senate or house of representatives shall
     6  cause the bill to be  referred  to  the  division  of  criminal  justice
     7  services  or the bureau of data management and analysis for the prepara-
     8  tion of an impact statement, which shall be  filed  with  the  presiding
     9  officer  and  affixed  to  the bill at least five days prior to the bill
    10  again being called up for final passage.
    11    (b) Such bill shall not be called back up for  final  action  until  a
    12  racial impact statement has been filed with the presiding officer.
    13    §  52-b.  Impact  statements  indicating  disparate adverse impacts on
    14  minorities. 1. (a) If an impact statement, as defined in section  fifty-
    15  two-a  of  this article, indicates a disparate adverse impact on minori-
    16  ties, as defined in section fifty-two-a of this article, the sponsor  of
    17  the  bill  shall consider whether the bill may be amended to achieve its
    18  purpose with a lessened impact on minorities.
    19    (b) If a bill is amended to lessen its adverse impact  on  minorities,
    20  the sponsor of the bill shall identify in writing, in the bill and as an
    21  appendix  to  the  impact  statement, the methodology used to lessen the
    22  impact on minorities in the amended proposal.
    23    2. If the sponsor of the bill elects not to amend the bill or  if  the
    24  impact  statement  for an amended bill continues to indicate a disparate
    25  adverse impact on minorities, the sponsor of the bill shall:
    26    (a) Withdraw the bill; or
    27    (b) Identify in writing, in the bill and in an appendix to the  impact
    28  statement, his or her reasoning for proceeding with the bill despite the
    29  disparate impact.
    30    §  52-c.  Notice  of  proposed  racial and ethnic impact statement. 1.
    31  Impact statements, as defined in section fifty-two-a  of  this  article,
    32  shall  be  made available to the public in the same manner that the text
    33  of bills are made available to the public.
    34    2. Prior to affixing an impact  statement  to  a  bill,  the  proposed
    35  impact  statement shall be published and the public shall be afforded an
    36  opportunity to submit comments on it.
    37    3. The notice of a proposed impact  statement  must  be  published  at
    38  least thirty days prior to the first committee vote on the bill.
    39    4. If an impact statement is not provided until a bill is first called
    40  up  for  final  passage, pursuant to subdivision eight of section fifty-
    41  two-a of this article, the notice of a proposed impact statement must be
    42  published at least five days prior to the bill being  called  again  for
    43  final passage in the senate or assembly.
    44    § 4. This act shall take effect immediately.
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